Sen. Cory Booker (D-NJ) and several of his rivals for the 2020 Democratic presidential nomination are joining forces on Thursday to re-file a new version of the most far-reaching marijuana legislation ever introduced in Congress.
TODAY: I'm reintroducing the Marijuana Justice Act – my bill to legalize marijuana on the federal level, expunge records, and reinvest in the communities that have been hurt from the war on drugs. pic.twitter.com/LWL0j7fN5F
— Sen. Cory Booker (@SenBooker) February 28, 2019
The bill, the Marijuana Justice Act, would remove cannabis from the Controlled Substances Act and withhold certain federal funding from states that disproportionately enforce marijuana criminalization laws against people of color and low-income individuals.
Watch Booker and colleagues discuss the legislation below:
The legislation would also automatically expunge past federal convictions for cannabis use and possession, as well as create a fund to reinvest in communities hardest hit by the war on drugs.
“The War on Drugs has not been a war on drugs, it’s been a war on people, and disproportionately people of color and low-income individuals,” Booker said in a press release. “The Marijuana Justice Act seeks to reverse decades of this unfair, unjust, and failed policy by removing marijuana from the list of controlled substances and making it legal at the federal level.”
“But it’s not enough to simply decriminalize marijuana. We must also repair the damage caused by reinvesting in those communities that have been most harmed by the War on Drugs,” he said. “And we must expunge the records of those who have served their time. The end we seek is not just legalization, it’s justice.”
The legislation is initially cosponsored by Sens. Ron Wyden (D-OR), Kirsten Gillibrand (D-NY), Bernie Sanders (I-VT), Kamala Harris (D-CA), Jeff Merkley (D-OR), Elizabeth Warren (D-MA) and Michael Bennet (D-CO).
“As I said during my 2016 campaign, hundreds of thousands of people are arrested for possession of marijuana every single year,” Sanders said. “Many of those people, disproportionately people of color, have seen their lives negatively impacted because they have criminal records as a result of marijuana use. That has got to change. We must end the absurd situation of marijuana being listed as a Schedule 1 drug alongside heroin. It is time to decriminalize marijuana, expunge past marijuana convictions and end the failed war on drugs.”
600,000 people, disproportionately people of color, were arrested for possession of marijuana in 2017.
It is time to decriminalize marijuana, expunge past marijuana convictions and end the failed war on drugs.
— Bernie Sanders (@SenSanders) February 28, 2019
“Millions of Americans’ lives have been devastated because of our broken marijuana policies, especially in communities of color and low-income communities,” said Gillibrand. “Currently, just one minor possession conviction can take away a lifetime of opportunities for jobs, education, and housing, tear families apart, and make people more vulnerable to serving time in jail down the road. It is shameful that my son would likely be treated very differently from one of his Black or Latino peers if he was caught with marijuana, and legalizing marijuana is an issue of morality and social justice. I’m proud to work with Senator Booker on this legislation to help fix decades of injustice caused by our nation’s failed drug policies.”
The disparity in who gets arrested for marijuana possession is one sign of how unjustly our drug laws are enforced. It's time to legalize marijuana nationwide and start repairing the harm done to communities of color by the War on Drugs. We need the Marijuana Justice Act. pic.twitter.com/fbaen37m8r
— Kirsten Gillibrand (@SenGillibrand) February 28, 2019
Legalizing marijuana is about morality and social justice. A minor possession conviction can take away a lifetime of opportunities for jobs, education, & housing—esp. in communities of color & low income communities. Time to fix our broken policies. Proud to co-sponsor this bill. https://t.co/1IcjBlDkOi
— Sen. Kirsten Gillibrand (@gillibrandny) February 28, 2019
“Marijuana should be legalized, and we should wipe clean the records of those unjustly jailed for minor marijuana crimes. By outlawing marijuana, the federal government puts communities of color, small businesses, public health and safety at risk,” said Warren.
It’s time to legalize marijuana, and stand against an unjust criminal justice system. I’m proud to co-sponsor the Marijuana Justice Act. https://t.co/wIAhoNreSc
— Elizabeth Warren (@SenWarren) February 28, 2019
“Marijuana laws in this country have not been applied equally, and as a result we have criminalized marijuana use in a way that has led to the disproportionate incarceration of young men of color. It’s time to change that,” said Harris. “Legalizing marijuana is the smart thing to do and the right thing to do in order to advance justice and equality for every American.”
Too many lives have been ruined because of the War on Drugs. That’s why I am proud to co-sponsor @corybooker’s legislation to legalize marijuana and expunge the records of those convicted of offenses related to marijuana use and possession.
— Kamala Harris (@KamalaHarris) February 28, 2019
Wyden said that “the War on Drugs has destroyed lives, and no one continues to be hurt more than people of color and low-income communities. There is a desperate need not only to correct course by ending the failed federal prohibition of marijuana, but to right these wrongs and ensure equal justice for those who have been disproportionately impacted.”
No one continues to be hurt more by the War on Drugs than people of color and low-income communities. It's time to end the failed federal prohibition of marijuana and right these wrongs by ensuring equal justice for those hit hardest.
— Ron Wyden (@RonWyden) February 28, 2019
Bennet added: “This long-overdue change will help bring our marijuana laws into the 21st century. It’s past time we bring fairness and relief to communities that our criminal justice system has too often left behind.”
— Jeff Merkley (@JeffMerkley) February 28, 2019
Reps. Barbra Lee (D-CA) and Ro Khanna (D-CA) filed a House companion bill.
“Communities of color and low-income communities have been devastated by the War on Drugs,” Lee said. “As Co-Chair of the Congressional Cannabis Caucus, I’m proud to sponsor legislation that would legalize marijuana at the federal level, address the disproportionate impact of prohibition on people of color by expunging criminal convictions, and promote equitable participation in the legal marijuana industry by investing in the communities hardest hit by the failed War on Drugs.”
Today, I’m reintroducing the #MarijuanaJusticeAct with my colleagues @SenBooker and @RepRoKhanna, which will:
🇺🇸 End the federal marijuana prohibition
⚖️ Expunge non-violent federal marijuana convictions
💰 Invest in communities devastated by the failed #WarOnDrugs
— Rep. Barbara Lee (@RepBarbaraLee) February 28, 2019
The failed #WarOnDrugs has devastated families around the country. As more states legalize cannabis, our reforms must include restorative justice for communities of color that have been most impacted these discriminatory policies. #MarijuanaJusticeAct https://t.co/1hi1ly1M2O
— Rep. Barbara Lee (@RepBarbaraLee) February 28, 2019
“Communities of color have been disproportionately impacted by misguided marijuana policy for far too long,” Khanna said. “Rep. Lee, Sen. Booker, and I are proud to introduce this important legislation and deliver justice for so many Americans.”
Communities of color have been disproportionately impacted by misguided marijuana policy for far too long. @RepBarbaraLee, @SenBooker and I are proud to introduce this important legislation and deliver justice for so many Americans #MarijuanaJusticeAct. pic.twitter.com/o7h8TcUP93
— Rep. Ro Khanna (@RepRoKhanna) February 28, 2019
The funds withheld from states deemed to have discriminatory arrest and incarceration rates for cannabis would go toward a new community reinvestment fund, which would “establish a grant program to reinvest in communities most affected by the war on drugs, which shall include providing grants to impacted communities for programs” that include libraries, community centers and job training.
The reality is, many folks from more privileged backgrounds can use marijuana without their whole future will be ruined. The #MarijuanaJusticeAct is about racial inequality. Proud to stand with my friends (with a guest appearance by Frederick Douglass) today in this effort. pic.twitter.com/doNZsBd0W3
— Rep. Ro Khanna (@RepRoKhanna) March 1, 2019
People who have been “aggrieved by a disproportionate arrest rate or a disproportionate incarceration rate” would be able to file civil lawsuits against states under the bill.
Let’s legalize marijuana at the federal level, push states to do the same, AND help those who have suffered due to its prohibition.
— Cory Booker (@CoryBooker) February 28, 2019
During the last Congress, the Booker’s Marijuana Justice Act garnered six cosponsors in the Senate, while 43 House members signed on to that chamber’s version of the bill. Neither received hearings or votes.
Legalization advocates cheered the bill’s reintroduction.
“Cory Booker and Barbara Lee have single-handedly shifted the conversation in Congress on cannabis reform. The failures and harms caused by decades of cannabis prohibition, particularly the impact on low-income communities and communities of color, are undisputed,” said Queen Adesuyi, policy coordinator for the Drug Policy Alliance. “For decades, marijuana arrests, convictions, and subsequent collateral consequences have disrupted lives, which have also destroyed the social and economic fabric of certain communities. Now with Democrats in control of the House, it’s time to right these wrongs and advance this conversation even further by passing cannabis reform that is centered on criminal justice reform and economic empowerment of impacted communities.”
The new legislation’s language is identical to that filed last Congress, with the exception that the community reinvestment fund covers fiscal years 2020 through 2042 instead of 2018 through 2040 as in the last version.
“The Marijuana Justice Act is the most comprehensive piece of federal legislation ever introduced to end the failed policy of marijuana prohibition and to address the egregious harms that this policy has wrought on already marginalized communities,” Justin Strekal, political director for NORML, said. “This robust legislation not only removes marijuana from the Controlled Substances Act, but it also provides a path forward for the individuals and communities that have been most disproportionately impacted by our nation’s failed war on marijuana consumers.”
Read the full text of the Marijuana Justice Act as introduced in the House below:
Marijuana Justice Act of 2019 by on Scribd
GOP Congressman Falsely Claims Marijuana Can Be Legally Consumed In Public In ‘Many States’
A Republican congressman wrongly claimed that marijuana can be legally consumed in public in “many states” in a Twitter post on Friday.
Following a House vote in favor of anti-vaping legislation that also included a ban on menthol cigarettes, Rep. Andy Barr (R-KY) argued that the bill is an example of government overreach and that it would not prevent youth from using vaping products.
“Now, Democrats propose making possession of a menthol cigarette a violation of federal law when smoking a marijuana joint in public is legal in many states,” he wrote in his tweet. “Instead, we need to focus on real healthcare issues like surprise billing, the opioid epidemic and curbing coronavirus.”
Now, Democrats propose making possession of a menthol cigarette a violation of federal law when smoking a marijuana joint in public is legal in many states. Instead, we need to focus on real healthcare issues like surprise billing, the opioid epidemic and curbing coronavirus.
— Rep. Andy Barr (@RepAndyBarr) February 28, 2020
The claim about laws governing public cannabis consumption is likely to raise eyebrows among reform advocates familiar with state-legal marijuana programs.
It’s not the case that “many states” allow individuals to smoke in public areas. In fact, it’s one of the most commonly prohibited activities in legalization measures.
“Rep. Barr is anti-freedom and pro-false hysteria when it comes to cannabis,” Justin Strekal, political director of NORML, told Marijuana Moment. “Sadly, his desire to continue to see hundreds of thousands of Americans be arrested and incarcerated due to minor marijuana charges is held far too many of his colleagues in Congress.”
Karen O’Keefe, director of state policies at the Marijuana Policy Project, told Marijuana Moment that Barr’s “facts and priorities are wrong.”
“No legalization state allows public smoking of cannabis (other than in adult-only locations in some cases), and almost all medical cannabis states forbid it,” she said. “Marijuana isn’t associated with increased mortality, while cigarettes are associated with more than 480,000 deaths a year in the U.S. alone. Why is Rep. Barr maligning and voting against the safer substance, and working to keep it illegal?”
Here are some examples of public consumption policies in legal cannabis states.
Alaska: For adults over 21 years of age, the law permits “consumption of marijuana, except that nothing in this chapter shall permit the consumption of marijuana in public.”
California: “You can consume cannabis on private property but you cannot consume, smoke, eat, or vape cannabis in public places.”
Colorado: “Using marijuana in any way—smoking, eating or vaping—isn’t allowed in public places.”
Illinois: “There is no public consumption allowed for cannabis. Smoking or consuming weed is illegal in motor vehicles and public spaces, including your front porch.”
Massachusetts: “You can’t use marijuana in any form (smoking, vaping, edibles, etc.) in public or on federal land.”
Nevada: “Adults 21 years and older can legally consume marijuana, but with restrictions on where it can be consumed: You cannot use marijuana in any public place.”
Oregon: “Recreational marijuana cannot be sold or smoked in public.”
Put simply, the notion that public consumption of marijuana is widespread is a false narrative. A standout exception is Oklahoma, where medical cannabis patients are able to consume wherever tobacco is permitted. That said, Barr’s assertion that public marijuana smoking is legal in “many states” is patently false.
That the congressman is perpetuating that narrative isn’t especially surprising, however. Barr is no fan on cannabis, voting against spending bill amendments preventing the Justice Department from using its fund to interfere in state-legal medical marijuana programs as well as a separate measure last year that would’ve extended protections to all state cannabis programs.
That said, Barr isn’t alone in his opposition to the menthol cigarette ban that cleared the House on Friday. Several Democrats joined Republicans in voting against the measure in committee and on the floor. But their reasoning was generally that the targeted ban would lead to overpolicing of minority communities.
Photo courtesy of WeedPornDaily.
VA Notice About Researching Medical Marijuana For Military Veterans Deleted Shortly After Posting
The U.S. Department of Veterans Affairs (VA) will soon release a notice announcing that it is seeking information about the potential of marijuana and its components to treat medical conditions that commonly afflict military veterans.
A post describing the request was briefly uploaded to a government website this week, though it’s since been deleted—but not before Marijuana Moment downloaded a copy. A representative said in response to an e-mailed query that the document was “rescinded for edits” and a revised version will be published “at a future date.”
VA’s Clinical Science Research and Development Service wrote in the filing that it is interested in establishing a research program designed to “examine the potential for medical marijuana and cannabinoids to treat disorders and diseases prevalent in our Veteran population.”
In a request for white papers on the topic, the department said it’s especially interested in identifying potential medical uses for cannabis to treat neuropathic pain and symptoms of post-traumatic stress disorder (PTSD).
“Unrelieved neuropathic pain experienced by Veterans after spinal cord or peripheral nerve injury contributes to depression, anxiety, disrupted sleep, and overall decreased quality of life,” VA said. “PTSD, also highly prevalent in Veterans, is a mental health problem often co-morbid with chronic pain.”
“A large percentage of Veterans who seek relief from these conditions, resort to smoking marijuana or use unregulated dietary cannabis supplements, etc,” it continued. “It is therefore imperative to determine which cannabinoid compounds are truly effective, for which symptoms, in which populations, as well as the associated risks.”
VA said it is committed to researching and developing evidence-based treatment options for veterans, and that’s what the program is meant to address.
“Without the needed evidence base for medical marijuana, this will not be a treatment choice within VA,” the department wrote. “We hope to support a series of clinical trials, which in case of positive outcomes, will generate robust data to support the use of cannabinoid(s) for pain and/or PTSD (or one or more of its symptoms).”
The department plans to conduct clinical trials if the evidence indicates that medical cannabis can be useful. It touted the “cadre of experienced clinical investigators, a highly participatory research population, and mechanisms in place to support every aspect of clinical research.”
White papers submitted to VA under the now-deleted solicitation must contain four components: 1) the “formulation and route of administration of the cannabinoid preparation,” 2) their ability to manufacture and supply those preparations, 3) the investigational new drug registration for compounds that aren’t already approved by the Food and Drug Administration (FDA) and 4) evidence about the product’s efficacy in treating pain, PTSD and other conditions.
As drafted, the notice gives a deadline of March 15 to submit the requested one-page white papers, though it’s not clear if that will change when the updated notice is released.
Additionally, VA said it plans to collaborate with industry partners for “further understanding and development of evidence-based treatments such as medical marijuana and cannabinoids” and on April 27, will hold an “Industry Day” to discuss the “goals of the program.”
The department is “particularly interested in obtaining information about cannabinoid drugs availability, likelihood of their approval by the FDA (if not yet approved), and the data supporting their use for pain and PTSD treatment in Veterans,” the notice says.
Members of Congress and veterans advocates discussed the need for alternative treatment options, including medical cannabis, during a joint committee hearing earlier this week.
At the same time, bipartisan legislators are asking their colleagues to cosponsor a bill that would require VA to conduct research into the therapeutic potential of marijuana for veterans. That legislation already has 104 House cosponsors.
Read VA’s since-rescinded notice on medical marijuana research below:
Photo courtesy of Mike Latimer.
House Democrats Block Amendment To Restrict Marijuana Products In Anti-Vaping Bill
House Democrats pushed back against a Republican attempt to include a flavored marijuana vaping ban in a broader anti-vaping bill that passed the chamber on Friday, arguing that it doesn’t make sense to prohibit products that are already illegal under federal law.
Instead, several lawmakers argued that Congress should enact separate cannabis reform legislation that could include provisions designed to protect public health and reduce the appeal of marijuana to youth.
The issue first came up during a House Rules Committee hearing on Wednesday, with Rep. Morgan Griffith (R-VA) introducing an amendment to “include a prohibition against flavored marijuana products” such that they would be “treated in the same manner as flavored tobacco products” under the bill.
While the congressman argued that language of the legislation implicitly already provides for such a ban, he said it was important to clarify to send a message to young people that they can’t vape products containing nicotine or THC.
“Let it not be said in 2029 that we had a chance and we felt maybe we were getting to it in 2020,” he said. “Let’s just go ahead and do it. Let’s say you can’t sell flavored marijuana THC vaping products. My amendment makes that clear.”
Watch the conversation below:
Democratic members said they shared Griffith’s concern about underage use of flavored cannabis vaping products. However, Rep. Ed Perlmutter (D-CO) pushed back and said the proposal is not germane because marijuana remains illegal under federal law and so regulating these products requires separate congressional action.
Earlier in the hearing, he suggested that his House-passed cannabis banking bill—the Secure and Fair Enforcement (SAFE) Banking Act—could serve as a vehicle to address the body’s concerns.
“We have to start addressing it because we have 47 states that now are allowing some level of marijuana use when the statute under the Controlled Substance Act clearly makes it illegal,” the congressman said. “There’s a bill sitting in the Senate called the SAFE Banking Act that may get back here at some point, and we could put some testing and regulatory components on it.”
Watch this exchange below:
Is a flavored marijuana vaping ban even necessary?
Also during the hearing, Rep. Rob Woodall (R-GA) pressed Rep. Frank Pallone (D-NJ) about the lack of specificity in the bill as it concerns marijuana vaping products. Woodall said he wanted that aspect addressed before he leaves office in nine months.
“It strikes me…more than strange that banana crush [nicotine vaping products] will no longer be available to adults in my district. But banana strawberry cream, which is an illegal [marijuana] product today, will continue to be available at 180 retailers near you,” Woodall said. “I don’t know how I take that message into my high schools and say that we’re going to reduce drug dependency in the months and years ahead.”
Watch the conversation below:
Pallone said he appreciates Woodall’s concern that flavored vaping products can mislead consumers about what they’re actually putting into their bodies and that he “would tend to think that the same problem would exist” for flavored marijuana products. However, he said there’s a distinction to be made.
“Most people tell me that nicotine is much more toxic and much more dangerous to your health than marijuana so maybe we shouldn’t have restrictions on marijuana at all and maybe we shouldn’t have any restrictions on flavored marijuana because the marijuana doesn’t have the same health problems that nicotine has,” he said. “Maybe I should say, assuming that marijuana is dangerous then maybe the flavored should be. But it’s not as dangerous.”
“The reality is that we know that nicotine is much more dangerous than marijuana so maybe the flavors masking it is not as serious a problem as it would be for nicotine,” he said.
Griffith’s amendment was blocked from floor consideration in a party-line vote of 3-6 by the panel, but the conversation around flavored marijuana products continued on Friday on the House floor.
Rep. Greg Walden (R-OR) brought a poster board showing pictures of flavored cannabis vaping products and lamented that they are not explicitly included in the anti-vaping bill.
“If you want to do something about kids—if you want to do something about lung disease—then we need to do something about marijuana and the oils it gets mixed with that this bill does not address,” he said.
But Rep. Earl Blumenauer (D-OR) pointed out that if Republicans are interested in ensuring that such marijuana products are properly regulated, the substance needs to be removed from the Controlled Substances Act to provide Congress with the means to enact regulations.
Rep. Earl Blumenauer counters by pointing to marijuana's schedule I status, saying federal regulation of flavored cannabis would be like trying to regulate "flavored heroin." Plugs the MORE Act to deschedule marijuana. https://t.co/w4Jpudt137
— Emily Kopp (@emilyakopp) February 28, 2020
Imposing regulations on marijuana while it’s still federally prohibited is “like regulating flavored heroin,” he said. The congressman added that a bill to deschedule marijuana called the Marijuana Opportunity Reinvestment and Expungement (MORE) Act would give lawmakers the tools to protect public health.
“The challenge that we have now is to be able to move forward—to be able to protect young people and the public,” Blumenauer said. “Cannabis is a red herring. If we tax and regulate it, then we can deal with the products they’re talking about. But unless and until we bring it—as two-thirds of the states have done—to actually tax and regulate it, we can’t deal with that. It doesn’t matter.”
We have a crisis of youth vaping. And we’ve seen a disturbing number of lung injuries & deaths tied to the oil used in marijuana vaping. Unfortunately #HR2339 before us today does nothing to impact either. Instead, it's a partisan publicity stunt by big government liberal elites. pic.twitter.com/AUx8ZMar0L
— Richard Hudson (@RepRichHudson) February 28, 2020
Not all Democrats were on board with the anti-vaping bill.
It was a tight 213-195 vote in the House on Friday. Top Democratic leaders are faced challenges as they worked to get the broader legislation approved. Some members of the party have expressed opposition over policies to ban flavored tobacco, including menthol, which they argue would lead to overpolicing of minority communities.
Image by Lindsay Fox from Pixabay.